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Employment Law

Toledo-area BP refinery hit with OSHA fines

04/05/2010
OSHA has levied more than $3 million in fines against BP North America and BP-Husky for violations at their plant in Oregon, Ohio. The fines result from a September 2009 inspection that revealed 42 willful violations of OSHA codes and 20 serious violations.

Lowe’s to offer free employee health screening

04/05/2010
Home-improvement giant Lowe’s is offering free health screening to its employees. It also recently announced that it will fully cover heart surgery costs at the Cleveland Clinic for any Lowe’s employee (or family member) from anywhere in the U.S. and Canada.

Ignoring complaint won’t make it go away

04/05/2010

It’s tempting to ignore the constant gripes of a serial complainer. But that won’t make the problem go away. Be ready for possible lawsuits by investigating, deciding what happened, disciplining if necessary and documenting the whole process.

Patience a winning virtue when employee sues pro se

04/05/2010
Some employees don’t let the lack of a real case stand in their way. They’re going to sue—even if they have to act as their own lawyers. If an employee decides to proceed pro se—without an attorney—be patient. Trust that the case will end up being dismissed.

Pull up a chair: You must have ADA accommodations talk with disabled employees

04/05/2010
Here’s one of the most common mistakes employers make when managing employees with disabilities. They know that generally, the employer gets to choose the reasonable accommodation. But what they don’t realize is that simply unilaterally declaring an accommodation won’t pass muster under the ADA.

Fighting for disabled, EEOC takes on churches

04/05/2010
For several months, the EEOC has been aggressively going to court on behalf of disabled employees. Their successful litigation has paved the way for more disability lawsuits against religious organizations that employ laypersons.

Check all discipline to spot, stop retaliation

04/05/2010

When an employee assists in a co-worker’s EEOC case or lawsuit, employers can’t punish the employee who helped. That would be retaliation. If there’s a short gap between the assistance and the punishment, watch out for a retaliation lawsuit. That’s why HR should always review disciplinary actions with an eye toward making sure there’s no retaliation.

Employee is wasted at work? You don’t have to tolerate it!

04/05/2010

It’s true that the ADA and FMLA require you to accommodate employees with medical ailments—even employees recovering from alcoholism. But take note: You certainly can enforce a zero-tolerance policy that forbids employees to work while under the influence of alcohol. Employers have every right to expect workers to show up sober in the morning. Being an alcoholic is no excuse.

Good news: Supreme Court eases path from N.C. to federal court

04/02/2010
A seemingly simple question—which court should decide a lawsuit—that made it all the way to the U.S. Supreme Court has sent ripples through the corporate law world in general and employment law in particular. It’s an example of the kind of case HR professionals need to understand.

Beauty Smart settles after rejecting non-Korean applicant

04/02/2010
The company that owns the Beauty Smart chain of salons in Henderson, Oxford and Durham has reached an agreement with the U.S. Department of Justice to end what the department called “pattern and practice national-origin discrimination” that violated the Immigration and Nationality Act.